China Lawyer Blog

Jul01

When should a foreign business owner hire a Chinese lawyer?

Today I had a discussion with a small business owner who has some serious legal issues facing her. She wanted to back away from them, saying, "I can do this myself. I don't need an attorney." I won't go into the issues, but I can tell you what I told her: You can hire an attorney NOW to help you deal with these issues, or you can hire an attorney later to help you deal with the mess you created because you didn't get an attorney.

When Should I Call an Attorney When I Am Doing Business In China?

In my experience, there are times in the life of a business person when you should call an attorney. You call an attorney not to sue someone but to protect yourself and your business before you get into trouble. You want to be sure you don't say or do anything that can make things worse.

China Legal Separation Agreement And Divorce lawyer

As stipulated by China family law, more specifically, divorce law, you have to undertake a two year legal separation before you are allowed to divorce with your spouse. However, this is one of the five grounds of contested divorce. We will discuss how to draw up a separation agreement and what you should do and avoid doing the period of separation.

Instructions On How To Draft A Separation Agreement in China

1 Discuss your legal separation thoroughly with your spouse. You will want to ensure the legal separation agreement is both fair and thorough. Things that should be discussed include child custody, support, and a visitation schedule (if applicable), spousal maintenance, and who will be paying what monthly bills. Property and asset division should also be discussed, including who will take possession of the marital home and who will be paying the mortgage or rent (or if you will be selling the home, instead); dividing of bank accounts, investments, retirement funds, and other assets; and division of credit card debt, loans, and other marital debt. Keep notes or create an outline during your discussion, which you can refer to later when you write your legal separation agreement.

Community property and separate property rules of China divorce law

China is one of countries that embrace the law of community property. Community property is a theory of law in which the husband and the wife are treated as co-owners of property in a form similar to a partnership.

All of the property owned by married couples in China can be classified as community property, separate property, or quasi-community property. The China legislature has enacted statutes to govern how property, and debts, acquired during a marriage must be classified.

Legal document, evidence authentication or legalization in China or to be used in China

We are China notarial lawyers. If you want to have your documents,certificates or evidence legalized in China or to be used in China, please contact our attorney for more information.

Documents, certificates or eveidence legalization in China:Procedure:

1. To have your documents notarized. In China, Pulic Notary is a government agency rather than private legal body. You may be required to provide many supporting certificates, affidavets, license or other documents to apply for a notarization. You should tell the Public Notary which country you will bring the documents to use. We can assist you to complete the procedure, of course.

What is the cost of hiring a China divorce lawyer

The cost of a divorce in Shenzhen varies widely. The average divorce in China costs approximately $2,000.00. This a relable price you can trust in Shenzhen or even China. However, it is also possible thatsome acrimonious divorces cost the spouses hundreds of thousands of dollars. Choose us, trust us, and you will be secured with a valuable service and your rights and intrests will be perfectly protected in China,especially if you are a foreigner/expat.

The reason the cost of divorces varies greatly is that the overwhelming majority of divorce attorneys bill hourly. In Shenzhen divorce attorneys charge between $200.00 and $600.00 per hour. The hourly rates of divorce attorneys in Shenzhen vary depending on the part of the state you live in (rates in Shenzhen City are generally higher than the rest of the state) and the experience level of the attorney.

Tips you should know when you decide to retain a Chinse family lawyer

The first time that you call, a Chinese family law attorney might speak with you briefly over the phone to introduce himself and to get a sense of what services you might need. He may offer to schedule an initial paid meeting in his office. It is a good idea to ask the lawyer whether he charges a fixed fee for the consultation, so that you know beforehand what you are getting into.

Do not hesitate to contact other Chinese lawyers before you set up a meeting with any of them. This is your chance to get an idea about how different law offices will handle your calls in days to come. Any law office worth your time and money will handle your call professionally and courteously.

A Guide to Chinese Design Patent Application

Brief explanation of the design patent

Chinese patent law provides design patent protection for any “new design of a product’s shape, pattern, or combination thereof, or the combination of its colour and shape or pattern, that creates an aesthetic feeling and is fit for industrial application”.

Article 27 of the amended patent law stipulates that a brief explanation describing the design feature to be protected be included with any design patent application. This amendment should be a positive change for protecting patented design features that are incorporated as part of products.

A brief introduction of patent registration process in China

Step 1: Obtain Qualified Attorney

Patents registration is quite complicated in China, thus it is essential to find a patent or intellectual property lawyer in China to accomplish this task. In this era of global competition, it can be important to seek patent protection in multiple countries, and because disclosure (inadvertent or otherwise) in one country may result in a loss of patentability in others, inventors should obtain legal advice as soon in the process as possible. Moreover, residents of Patent Cooperation Treaty (PCT) member states (which include the United States and more than one hundred other countries) may file an "international patent application" that can reduce the complexity of overseas filings and allow an applicant greater time to decide in which countries to file. A qualified patent attorney will be able to help you navigate these complicated matters and select appropriate overseas counsel and agents to assist you.

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The law blog is running by a China lawyer working for a full-service law firm, offering practical, results-driven advice on employment law, divorce, company law, and other legal issues. Our goal is to manage these issues effectively so that our clients can focus on what they could do best.

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This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

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About author

Peter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.